Council Directive 69/73/EEC of 4 March 1969 on the harmonisation of provisions laid down by law, regulation or administrative action in respect of inward processing

• Published date: 08 March 1969
• Subject Matter: Harmonisation of customs law: inward processing,Common customs tariff,Approximation of laws
• Official Gazette Publication: Journal officiel des Communautés européennes, L 58, 8 mars 1969,Official Journal#of the#European Communities#I#1969(I),Gazzetta ufficiale delle Comunità europee, L 58, 8 marzo 1969

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Council Directive 69/73/EEC of 4 March 1969 on the harmonisation of provisions laid down by law, regulation or administrative action in respect of inward processing

Official Journal L 058 , 08/03/1969 P. 0001 - 0007
Danish special edition: Series I Chapter 1969(I) P. 0069
English special edition: Series I Chapter 1969(I) P. 0075
Greek special edition: Chapter 02 Volume 1 P. 0034
Spanish special edition: Chapter 02 Volume 1 P. 0019
Portuguese special edition Chapter 02 Volume 1 P. 0019

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( 1 ) OJ N C 66 , 2 . 7 . 1968 , P . 12 .

( 2 ) OJ N C 75 , 29 . 7 . 1968 , P . 10 .

COUNCIL DIRECTIVE

OF 4 MARCH 1969

ON THE HARMONISATION OF PROVISIONS LAID DOWN BY LAW , REGULATION OR ADMINISTRATIVE ACTION IN RESPECT OF INWARD PROCESSING

( 69/73/EEC )

THE COUNCIL OF THE EUROPEAN COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLES 100 AND 155 THEREOF ;

HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ;

HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 1 ) ;

HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ( 2 ) ;

WHEREAS THE COMMUNITY IS BASED UPON A CUSTOMS UNION ;

WHEREAS THE ESTABLISHMENT OF THE CUSTOMS UNION IS GOVERNED IN THE MAIN BY CHAPTER 1 OF TITLE I OF PART TWO OF THE TREATY ; WHEREAS THAT CHAPTER CONTAINS A SERIES OF SPECIFIC PROVISIONS DEALING IN PARTICULAR WITH THE ELIMINATION OF CUSTOMS DUTIES BETWEEN MEMBER STATES , THE ESTABLISHMENT AND PROGRESSIVE INTRODUCTION OF A COMMON CUSTOMS TARIFF AND THE AUTONOMOUS ALTERATION OR SUSPENSION OF THE DUTIES THEREIN ; WHEREAS , WHILE ARTICLE 27 PROVIDES THAT MEMBER STATES SHALL , BEFORE THE END OF THE FIRST STAGE AND IN SO FAR AS MAY BE NECESSARY , TAKE STEPS TO APPROXIMATE THEIR PROVISIONS LAID DOWN BY LAW , REGULATION OR ADMINISTRATIVE ACTION IN RESPECT OF CUSTOMS MATTERS , THAT ARTICLE DOES NOT EMPOWER THE INSTITUTIONS OF THE COMMUNITY TO MAKE BINDING PROVISIONS IN THAT FIELD ; WHEREAS , HOWEVER , A THOROUGH EXAMINATION UNDERTAKEN JOINTLY WITH MEMBER STATES HAS SHOWN THE NEED IN CERTAIN FIELDS FOR DECISION , BY BINDING ACTS OF THE COMMUNITY , UPON MEASURES ESSENTIAL FOR THE INTRODUCTION OF CUSTOMS LEGISLATION , WHICH WILL ENSURE UNIFORM APPLICATION OF THE COMMON CUSTOMS TARIFF ;

WHEREAS , IN ALL MEMBER STATES , THERE ARE PROVISIONS LAID DOWN BY LAW , REGULATION OR ADMINISTRATIVE ACTION ENABLING PERSONS ESTABLISHED THEREIN TO UNDERTAKE , WITHOUT INCURRING LIABILITY FOR PAYMENT OF CUSTOMS DUTIES , OF CHARGES HAVING EQUIVALENT EFFECT OR OF AGRICULTURAL LEVIES , PROCESSING WORK ON IMPORTED GOODS WHICH DO NOT SATISFY THE CONDITIONS CONTAINED IN ARTICLES 9 AND 10 OF THE TREATY , WHERE SUCH GOODS ARE INTENDED FOR EXPORT WHOLLY OR PARTLY IN THE FORM OF COMPENSATING PRODUCTS ;

WHEREAS CERTAIN MEMBER STATES AUTHORISE INWARD PROCESSING TRAFFIC , EITHER GENERALLY OR IN INDIVIDUAL CASES , ONLY AFTER PRIOR SURVEY OF THE INTERESTS OF NATIONAL PRODUCERS OF LIKE OR SIMILAR GOODS ; WHEREAS OTHER MEMBER STATES CONFINE THEMSELVES TO INVESTIGATING WHETHER THE TECHNICAL CONDITIONS UNDER WHICH THE PROPOSED PROCESSING OPERATIONS ARE TO TAKE PLACE PERMIT OF SUPERVISION BY THE CUSTOMS AUTHORITIES TO ENSURE COLLECTION OF CUSTOMS DUTIES , CHARGES HAVING EQUIVALENT EFFECT AND AGRICULTURAL LEVIES IN CASES WHERE THE COMPENSATING PRODUCTS ARE NOT EXPORTED ;

WHEREAS INWARD PROCESSING TRAFFIC DIRECTLY AFFECTS THE ESTABLISHMENT AND OPERATION OF THE COMMON MARKET ; WHEREAS THE CREATION OF THE CUSTOMS UNION INVOLVES ELIMINATION OF THE DIFFERENCES EXISTING IN THIS CONNECTION , AND THE DISCONTINUANCE OF SUCH TRAFFIC IN RESPECT OF GOODS IMPORTED INTO THE COMMUNITY FOR PROCESSING IN ONE MEMBER STATE IN ORDER TO BE MARKETED IN ANOTHER MEMBER STATE ;

WHEREAS COMMON RULES APPLICABLE TO GOODS OF EVERY KIND AND ORIGIN MUST BE LAID DOWN IN THE MEMBER STATES IN RESPECT OF INWARD PROCESSING ;

WHEREAS IT IS IMPORTANT TO ENSURE THE UNIFORM APPLICATION OF SUCH COMMON RULES AND PROVIDE FOR THIS PURPOSE A COMMUNITY PROCEDURE WHEREBY IMPLEMENTING PROVISIONS FOR THOSE RULES MAY BE ADOPTED WITHIN A SUITABLE PERIOD OF TIME ; WHEREAS IT IS NECESSARY TO SET UP A COMMITTEE TO ORGANISE CLOSE AND EFFECTIVE COLLABORATION IN THIS FIELD BETWEEN MEMBER STATES AND THE COMMISSION ;

HAS ADOPTED THIS DIRECTIVE :

ARTICLE 1

THIS DIRECTIVE DETERMINES THE RULES WHICH MUST BE INCORPORATED IN THE PROVISIONS LAID DOWN BY LAW , REGULATION OR ADMINISTRATIVE ACTION IN MEMBER STATES IN RESPECT OF INWARD PROCESSING ARRANGEMENTS .

ARTICLE 2

1 . INWARD PROCESSING ARRANGEMENTS MEANS THE CUSTOMS ARRANGEMENTS WHEREBY IMPORTED GOODS WHICH DO NOT SATISFY THE CONDITIONS CONTAINED IN ARTICLES 9 AND 10 OF THE TREATY MAY BE PROCESSED WITHOUT GIVING RISE TO LIABILITY FOR PAYEMENT OF CUSTOMS DUTIES , OF CHARGES HAVING EQUIVALENT EFFECT OR OF AGRICULTURAL LEVIES , WHERE SUCH GOODS ARE INTENDED FOR EXPORT OUTSIDE THE CUSTOMS TERRITORY OF THE COMMUNITY WHOLLY OR PARTLY IN THE FORM OF COMPENSATING PRODUCTS AS DEFINED IN PARAGRAPH 3 .

2 . UNDER THE TERMS OF THIS DIRECTIVE , INWARD PROCESSING ARRANGEMENTS SHALL APPLY TO GOODS OF WHATEVER KIND OR ORIGIN .

3 . COMPENSATING PRODUCTS MEANS PRODUCTS PRODUCED BY ONE OR MORE OF THE FOLLOWING PROCESSES :

( A ) WORKING OF GOODS , INCLUDING FITTING OR ASSEMBLING THEM OR ADJUSTING THEM TO OTHER GOODS ;

( B ) PROCESSING OF GOODS ;

( C ) REPAIR OF GOODS , INCLUDING RESTORING THEM TO THEIR ORIGINAL CONDITION AND PUTTING THEM IN ORDER ;

( D ) USE OF AGENTS SUCH AS CATALYSTS , ACCELERATORS OR RETARDERS OF CHEMICAL REACTIONS WHICH , BEING EMPLOYED IN THE COURSE OF PRODUCTION , DISAPPEAR ENTIRELY OR PARTIALLY WHEN SO EMPLOYED AND ARE THEREAFTER NOT DISTINGUISHABLE IN THE GOODS PRODUCED . THIS SUBPARAGRAPH SHALL NOT APPLY TO USE OF SOURCES OF ENERGY , LUBRICANTS , EQUIPMENT OR TOOLS .

4 . WHERE PARAGRAPH 3 ( D ) APPLIES , THE TOTAL OR PARTIAL DISAPPEARANCE OF SUCH AGENTS SHALL BE TREATED AS EXPORTATION OF COMPENSATING PRODUCTS IF THE GOODS PRODUCED ARE EXPORTED .

ARTICLE 3

1 . EXEMPTION FROM CUSTOMS DUTIES , CHARGES HAVING EQUIVALENT EFFECT AND AGRICULTURAL...